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2014 California Rules of Court

Rule 8.155. Augmenting and correcting the record

(a) Augmentation

(1)At any time, on motion of a party or its own motion, the reviewing court may order the record augmented to include:

(A)Any document filed or lodged in the case in superior court; or

(B)A certified transcript-or agreed or settled statement-of oral proceedings not designated under rule 8.130. Unless the court orders otherwise, the appellant is responsible for the cost of any additional transcript the court may order under this subdivision.

(2)A party must attach to its motion a copy, if available, of any document or transcript that it wants added to the record. The pages of the attachments must be consecutively numbered, beginning with the number one. If the reviewing court grants the motion it may augment the record with the copy.

(3)If the party cannot attach a copy of the matter to be added, the party must identify it as required under rules 8.122 and 8.130.

(Subd (a) amended effective January 1, 2008; previously amended effective January 1, 2007.)

(b) Omissions

(1)If a clerk or reporter omits a required or designated portion of the record, a party may serve and file a notice in superior court specifying the omitted portion and requesting that it be prepared, certified, and sent to the reviewing court. The party must serve a copy of the notice on the reviewing court.

(2)The clerk or reporter must comply with a notice under (1) within 10 days after it is filed. If the clerk or reporter fails to comply, the party may serve and file a motion to augment under (a), attaching a copy of the notice.

(c) Corrections

(1)On motion of a party, on stipulation, or on its own motion, the reviewing court may order the correction or certification of any part of the record.

(2)The reviewing court may order the superior court to settle disputes about omissions or errors in the record.

(d) Notice

The reviewing court clerk must send all parties notice of the receipt and filing of any matter under this rule.

Rule 8.155 amended effective January 1, 2008; repealed and adopted as rule 12 effective January 1, 2002; previously amended and renumbered effective January 1, 2007.

Advisory Committee Comment

Subdivision (a). Subdivision (a)(1) makes it clear that a party may apply for-and the reviewing court may order-augmentation of the record at any time. Whether the motion is made within a reasonable time and is not for the purpose of delay, however, are among the factors the reviewing court may consider in ruling on such a motion.

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